Sunday, October 16, 2011

As courts and bureaucrats continue to assert that citizens have no fundamental right to produce and consume the foods of their choice, we find Monsanto lurking nearby. The Wisconsin judge who recently ruled that we have no right to own a cow or drink its milk resigned to join one of Monsanto’s law firms.

Former judge Patrick J. Fiedler now works for Axley Brynelson, LLP, which defended Monsanto against a patent infringement case filed by Australian firm, Genetic Technologies, Ltd. (GTL) in early 2010.

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In another link, Myriad Genetics, which holds the exclusive U.S. patent on human genes, BRCA1 and BRCA2, granted the license to GTL in 2002. These human genes are associated with breast and ovarian cancer.

In 2009, the ACLU and the Public Patent Foundation (PubPat) sued the PTO, Myriad Genetics, and principals at the University of Utah Research Foundation, charging that patents on genes are unconstitutional and invalid. The suit also charges that such patents stifle diagnostic testing and research that could lead to cures and that they limit women’s options regarding their medical care.

In an absurd ruling this year, the Second Circuit Court of Appeals allowed the patent on these human genes, even though the DNA sequence occurs in nature. The court decided that simply because researchers had been able to extract it, the firm owns it. Of course, under this thinking, all of nature can be patented if human technology allows extraction.

“The U.S. Patent and Trademark Office has granted thousands of patents on human genes – in fact, about 20 percent of our genes are patented. A gene patent holder has the right to prevent anyone from studying, testing or even looking at a gene. As a result, scientific research and genetic testing has been delayed, limited or even shut down due to concerns about gene patents,” commented ACLU.

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That any official would approve gene patents is bad enough – discovering nature is not inventing it. But in the Wisconsin case, Judge Fiedler ruled that humans:

•“Do not have a fundamental right to own and use a dairy cow or a dairy herd;”•“Do not have a fundamental right to consume the milk from their own cow;”•“Do not have a fundamental right to board their cow at the farm of a farmer;”•“Do not have a fundamental right to produce and consume the foods of their choice;” and•Cannot enter into private contracts “outside the scope of the State’s police power.”Ruling against raw milk forces consumers to drink genetically modified, antibiotic-laden milk from cows fed an unnatural diet of pesticide-loaded feed. No doubt that makes Monsanto a major fan of Patrick Fiedler. His decision was rendered on Sept. 9 and he stepped down from the bench on Sept. 30...MORE...LINK